Short

Walter S. Short, the petitioner in the present proceeding, filed in respondent court his complaint in an action against Helen W. Short, his wife. The action was commenced for the purpose of procuring a divorce. The wife interposed an answer in which she alleged that an earlier litigation had occurred between her and her husband in a court of competent jurisdiction in the state of Washington, in which litigation a judgment had been rendered, and that the judgment had become final. It was also alleged in the answer that this foreign judgment had required, among other things, the making of certain payments by the husband to the wife, that he had failed and neglected to make the major portion of the payments and that he was in contempt of the foreign court because of such failure and neglect. The answer prayed that the action in respondent court be abated until the husband should purge himself of the contempt.

Upon this state of the pleadings the action for divorce came on for trial in respondent court. The judgment of the Washington court was received in evidence. Respondent court then gave the wife leave to file an amended answer “to conform to the proof." This pleading was filed,…